End User License Agreement

Version 1.0 — Effective March 28, 2026

This End User License Agreement ("Agreement") is a binding legal contract between you and xTensium LLC ("Company"). By creating an account or using xTensium Studio, you agree to be bound by this Agreement. If you do not agree, do not use the Service.

1. License Grant

xTensium LLC ("Company") grants you a limited, non-exclusive, non-transferable, revocable license to access and use xTensium Studio solely for your internal business purposes in accordance with this Agreement and your active subscription plan.

2. Restrictions

You may not: (a) sublicense, resell, or redistribute the platform itself; (b) reverse engineer or attempt to extract the platform's source code; (c) use the Service to build competing AI application generation platforms; (d) remove or alter any proprietary notices; (e) use the Service for any unlawful purpose. Note: Applications you generate are yours — this restriction applies to the xTensium Studio platform itself, not your generated applications.

3. Ownership of Generated Applications

You own 100% of the applications, code, and configurations you generate using xTensium Studio. The Company retains no ownership rights in your generated applications. The Company retains all ownership rights in the xTensium Studio platform, its underlying technology, training content, templates, and AI models.

4. AI Output Disclaimer

xTensium Studio uses artificial intelligence to generate application code and provide analysis. AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. You acknowledge that: (a) AI outputs may contain errors, bugs, or inaccuracies; (b) AI outputs do not constitute professional legal, medical, financial, or technical advice; (c) you are solely responsible for reviewing, testing, and validating all AI-generated content before deployment or use in any production environment; (d) the Company is not liable for any harm, loss, or liability arising from your reliance on AI-generated outputs.

5. Indemnification

You agree to indemnify, defend, and hold harmless xTensium LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to: (a) your use of xTensium Studio; (b) applications you generate and deploy using the platform; (c) your violation of this Agreement; (d) your violation of any third-party rights, including intellectual property rights; or (e) any harm caused to end users of applications you build with the platform.

6. Acceptable Use

You agree not to use xTensium Studio to generate applications for: (a) illegal activities or activities that violate applicable law; (b) collecting personal data without proper consent or legal basis; (c) discriminatory purposes based on race, gender, religion, national origin, disability, age, or other protected characteristics; (d) generating or distributing malware, ransomware, or harmful code; (e) activities that could harm minors; (f) circumventing security controls of third-party systems. The Company reserves the right to terminate accounts engaged in prohibited activities without refund.

7. No Government Service

xTensium Studio is a commercial software platform operated by a private company. It is not a government service, government agency, or government contractor. Participation in any workforce development program (including WIOA-funded programs) that uses xTensium Studio training does not create a relationship between you and any government entity through the Company. The Company makes no representations about eligibility for government benefits, certifications, or funding.

8. Subscription and Payment

Access requires an active subscription. Subscriptions renew automatically unless cancelled. You authorize the Company to charge your payment method on file at the beginning of each renewal period. Price changes will be communicated at least 30 days in advance. Refund requests must be submitted within 14 days of purchase. Chargebacks or payment disputes may result in immediate account suspension.

9. Data and Privacy

Your use of the platform is also governed by our Privacy Policy. You retain ownership of data you input into the platform. The Company processes your data to provide the Service as described in the Privacy Policy. You are responsible for ensuring you have appropriate rights to any data you upload or process through the platform, including any personally identifiable information subject to GDPR, CCPA, or similar laws.

10. Export Compliance

The Service is subject to United States export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control laws.

11. Consent to Electronic Records

By creating an account, you consent to receive this Agreement and all related notices and disclosures electronically, as permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). You may print or download a copy of this Agreement at any time.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTENSIUM LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION. THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

14. Termination

Either party may terminate this Agreement at any time. Upon termination: (a) your license to use the platform ends immediately; (b) applications you have already generated and deployed will continue to function independently; (c) you may request an export of your data within 30 days; (d) the Company may delete your account data after 90 days following termination. Sections 3, 4, 5, 10, 12, and 13 survive termination.

15. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Missouri, United States, without regard to conflict of law principles. Any dispute arising under this Agreement shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration in St. Louis, Missouri under the American Arbitration Association Commercial Rules. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16. Changes to This Agreement

The Company may update this Agreement. Material changes will be communicated via email or in-platform notification at least 14 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the Service and may request a pro-rated refund for unused subscription time.

17. Contact

xTensium LLC
Email: legal@xtensium.com
Website: xtensium.com/contact